Can I claim childcare if i am not hoh and not claiming dependents

[km88]

My boyfriend and I live together which we share 2 kids with one another. Since we are not married I am filing single and he files HOH, to which he claims both kids for the tax credit. We both work so we both file, he just makes more. I was told by a different tax company, who we will not be filing with because it was way more expensive that anticipated, that he can claim both children and I should claim the childcare credit since I pay the daycare costs for both kids. 

Is he allowed to claim them as dependents and me claim the childcare credit? I have all the proof that the childcare comes out of my account.

[LindaA]

No, if your boyfriend is claiming the children on his tax return you cannot claim the Child and Dependent Care Credit. When parents live together only one parent may claim the child(ren) for all benefits. Since your boyfriend is claiming the children he may claim the Child and Dependent Care Credit if he qualifies.

Note: When parents are divorced, separated, or live apart, there is a special rule that lets the custodial parent give permission to the noncustodial parent to claim the child as a dependent and for the Child Tax Credit.